Oberlin police documents list 323 names of banned individuals

OBERLIN — A review of the contents of a worn accordion file folder kept by the Oberlin Police Department to track those forbidden from going certain places in the city showed that 323 people have been banned from the Oberlin College campus.

The college has declined to release its controversial no trespassing list, citing privacy considerations, but the Police Department considers its file a public record. The folder contains copies of letters sent to various people over the years informing them that they are no longer welcome on the college’s campus, as well as a copy of the no trespass list dated Sept. 1, 2006. The names of two people on the list date back to 1982.

Oberlin College student Lyle Kash, who is a leader in the One Town Campaign that has been pushing for the college to revise its no trespassing policy, said he has concerns about The Chronicle-Telegram publishing a version of the list culled from the files of Oberlin police in part because he feared those named could face reprisals from the college.

“Going public with the list may stir up the hornet’s nest,” he said. “But it’s also realistic to be concerned about people’s privacy.”

Banned

The longest bans in place, according to the police file, date to 1982 when Barry A. Austin and Wallace J. Thomas were barred from campus. Their names appear on the 2006 list, which notes only the name of the person banned and the date they were told to stay off campus. A reason for a name being added to the list isn’t included.

Letters sent by the college warning the people to stay off college property, including the Oberlin Inn, almost uniformly don’t explain why a person was banned. A few of the letters were attached to court documents or Oberlin Safety and Security reports, but those were a rarity in the file.

Oberlin police Lt. Mike McCloskey said there’s usually a reason the college or a private business tells someone they aren’t welcome.

“You get your name in this file by being a knucklehead,” he said.

Eric Estes, Oberlin College’s dean of students, defended the list, which he said is being reviewed by a private consultant.

“There are cases when the trespass policy has been absolutely essential to securing the safety and welfare of the campus community,” Estes said.

Kash said he and his fellow critics oppose the college’s consultant and would prefer the controversy be handled through discussions among residents, students and college officials.

Estes said he’s willing to talk to anyone about the issue and has attended forums on the topic. But he also said he can’t publicly discuss individual cases.

Critics of the policy have complained that the list encourages racial profiling and believe the process needs to be more transparent.

Kash said while he understands the need to offer security at the college, there also needs to be understanding by college officials that youthful indiscretions shouldn’t bar someone from campus for the rest of their lives.

“The no trespass list creates a standard where people are expected never to change,” he said.

Estes said there is an appeal process in place for those who want to challenge the decision banning them from campus. The letters, sent by the college’s Safety and Security Office, typically inform the person being notified that he can appeal the decision to that office.

The Oberlin police file did contain a handful of letters from the school lifting a ban or modifying it to allow a banned individual to attend a specific event.

McCloskey said the Police Department’s file hasn’t been updated in some time. For instance, it contained a letter barring at least one dead man from campus.

College isn’t alone

Oberlin College isn’t the only contributor to the Oberlin Police Department’s folder.

The file also contains letters from Oberlin Schools, Walmart, the Lorain Metropolitan Housing Authority, private property management companies, The Feve and others notifying people they are forbidden from coming onto their property.

Walmart has a form those being banned are told to sign, but offers little in the way of explanation.

LMHA, which operates facilities in Oberlin, gives a brief explanation of the reason for a ban — typically for drug or criminal activity or disrupting “the peaceful enjoyment” of the complex. The housing authority’s bans last for five years, according to its letters.

Some of the letters are a little more creative in their explanations.

An undated letter, titled “bye bye now!” from The Feve informed Jerry Goodson that “you just bought yourself a one way ticket out of the feve for the rest of your life, no matter how long or short it may be. You have harrassed (sic), swore, been drunk, and just plain old been a pain in my backside.”

It went on to warn Goodson he would be arrested on criminal trespassing charges if he came into The Feve again. It then thanked him for his patronage and ended with “Love The Feve!”

Several people have been barred from more than one place.

For instance, Timothy Hoepf, who appears to have first been banned from the college in 1991, also isn’t permitted at the Oberlin Inn, First Church in Oberlin, Oberlin Community Services, Neighborhood House Association of Lorain County and Sacred Heart Church, according to the file.

McCloskey said that the letters aren’t necessary for a person to be banned from a property. He said the law only calls for a person to be informed that they are no longer welcome, something that can be done verbally. They can be charged with criminal trespass, a misdemeanor, if they return, he said.

He said Oberlin police use the file as a reference to help officers if they are called to a situation when someone said to be someplace he’s not supposed to be.

And McCloskey said being banned isn’t a guarantee that someone will be charged.

“An officer has to physically observe them commit the violation or the complainant has to pursue the charges,” he said.

McCloskey also said that there are times when someone might not be charged, even if they are obviously in violation of the law, in part because so much property in the city is owned by the college. He said it’s hard to justify charging someone walking through Tappan Square or a parking lot owned by the college.

He also said that Oberlin police aren’t involved in the college’s no trespassing policies.

“Our only concern as a policy agency is: Was there a violation of the law and do we have probable cause (to make an arrest)?” he said.

Elsewhere

The Oberlin Police Department’s file on those prohibited from going certain places in town isn’t universal among police agencies. Representatives from Avon, Avon Lake and Vermilion police departments said their agencies don’t keep a file of those who have been barred from specific properties.

Lorain County Community College does have a policy in place for banning people, Tracy Green, LCCC’s vice president for strategic and institutional development, said.

“We, like all institutions, have to hold our campus community to a certain level of expectations,” she said.

Green said that most bans at LCCC are for two years, although they can be extended or modified to allow people to attend certain events.

She also said the school has a well-defined appeals process with multiple levels. Students can appeal violations up to Provost Marcia Ballinger and her decisions can themselves be appealed to the Student Conduct Committee, according to procedures provided to The Chronicle by the college.

Non-students can appeal their discipline to the college’s vice president for administrative services.

Oberlin Police Department's list of notification recipients

The following is a list of those people who have been forbidden from being on the Oberlin College campus and the earliest date they were banned. The information comes from an Oberlin Police Department file containing letters advising people they have been barred from the Oberlin College campus as well as from a “No Trespass List” revised Sept. 1, 2006.

Oberlin College has declined to make its “No Trespass List” list public and that list may contain names of people who aren’t on this list and some of those included on this list may have been removed from the college’s list.